Former Annapolis Valley tennis instructor Aaron Byron Cumberland has been granted bail and has been released on conditions pending his trial in September. - File Photo

Cumberland scheduled to stand trial in September

KENTVILLE, N.S. —

A former Annapolis Valley tennis instructor accused of sex-related charges has been granted bail and released from custody on conditions.

Aaron Byron Cumberland, 28, had a bail review in Supreme Court in Kentville on July 18. Justice Timothy Gabriel granted Cumberland’s release from custody with conditions pending his trial in September.

Cumberland was returned to custody on July 18, to be released from Windsor on July 19 after arrangements could be made for his release conditions to be met.

CONDITIONS IMPOSED

The court agreed to his release on his own $1,000 recognizance. Conditions include that he is to reside at a specific address in Falmouth unless permission to reside somewhere else is obtained from the court.

Cumberland has been approved for and will be subject to an electronic or GPS monitoring program by the Recovery Science Corporation. He must ensure that costs associated with the monitoring program are paid as required.

Cumberland is to remain within 100 km of the Town of Windsor. He is to have no direct or indirect communication with the complainant or anyone under the age of 18 unless it’s incidental, such as at a place of employment, a store, the court, a medical appointment or while using public transportation.

He will be on daily curfew from 7 p.m. to 7 a.m. and he is to report to the Windsor RCMP every Friday between 9 a.m. and 4 p.m.

Cumberland is not to possess a cell phone or any other electronic device capable of accessing the internet, including but not limited to smart phones, tablets and computers. He is to prove compliance with the electronic devices condition by presenting himself at the entrance to his residence should a police officer attend there to check. He is to allow police to search for such devices.

FACING THREE CHARGES

In January, following a preliminary inquiry, Cumberland was committed to stand trial in Supreme Court on charges of communicating with a person under age 16 by means of telecommunications for the purpose of facilitating the offence of invitation to sexual touching; making sexually explicit material available to a person under age 16 and invitation to sexual touching. It’s alleged that Cumberland committed the offences in Windsor between Nov. 2 and 5, 2017. The charges have not been proven in court.

The Crown entered a stay of proceeding on a fourth charge - communicating with a person under the age of 18 by means of telecommunications for the purpose of facilitating an offence relating to child pornography – on Dec. 4, 2018.

This means that the Crown has discontinued prosecution of the accused on this count but may resume prosecution for up to one year or the charge is withdrawn.

The remaining charges involve a single alleged victim from Kings County. The identity of the alleged victim is protected by a publication ban.

MISTRIAL DECLARED

Cumberland elected trial by judge and jury. He pleaded not guilty to the three charges on May 13. Two days later, Justice Gregory Warner declared a mistrial after new evidence came to light that raised a procedural issue. The exact nature of the issue is subject to a publication ban.

The 13 jurors were released with thanks and the trial was rescheduled to Sept. 23, to run for seven days until Oct. 1.

The court revoked Cumberland’s previous conditional release on Sept. 4, 2018. Along with two people from Fredericton, Cumberland was apprehended on May 31, 2018, on the American side of the Maine-New Brunswick border.

U.S. border patrol officers charged them with unlawful entry after they were seen walking near Houlton, a spot that isn’t designated as a point of entry.

An affidavit submitted to the U.S. court alleged that Cumberland had a cellphone and laptop computer in his possession when he was arrested in Maine. His release conditions included not using or possessing electronic devices capable of accessing the Internet. Cumberland also had to surrender his passport to the Lower Sackville RCMP as part of his first conditional release.

Before being returned to Nova Scotia, Cumberland was deported from the U.S. to New Brunswick, where a warrant was issued for his arrest on charges of breaching conditions of his recognizance.

Cumberland, a former Kentville resident, was named Tennis Nova Scotia’s Coach of the Year in 2013. He worked as executive director of the CANgaroo Athletic Association, which put on tennis skill development sessions - including school programs - in several Kings and Hants county communities.